Reinstate Our Troops Act
This bill addresses the reinstatement of members of the Armed Forces who requested an exemption from an order to receive a COVID-19 vaccination and were involuntarily separated solely on the basis of the refusal to receive such vaccination.
Specifically, at the election of the separated individual, the bill requires the military department concerned to reinstate the individual, in the same rank and grade the individual held at the time of separation. An individual must elect to be reinstated within the one-year period following the enactment of this bill.
Additionally, such individuals (enlisted members and officers) are not required to repay a bonus for failure to complete a period of service solely because such service was incomplete due to the exemption request and involuntary separation. The military department concerned must return a bonus repaid by an individual if the individual elects to be reinstated.
If an individual does not elect reinstatement, the military department concerned must ensure the discharge of the individual is characterized as honorable. The military department concerned must also expunge from an individual's military service record any reference to adverse action related to the refusal to receive a COVID-19 vaccination.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3458 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3458
To establish certain remedies for certain individuals involuntarily
separated from the Armed Forces solely on the basis of refusing to
receive vaccinations against COVID-19.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 18, 2023
Mr. Rutherford (for himself, Mr. DesJarlais, Mr. Reschenthaler, Mr.
Posey, Mr. Collins, Mr. Webster of Florida, Mr. Carl, Mr. Self, Mrs.
Miller of Illinois, Mr. Diaz-Balart, Mr. Murphy, Mrs. Spartz, Mr.
Mooney, Ms. Tenney, Mr. Biggs, Mr. Moran, Mr. Santos, Mr. Weber of
Texas, Mr. C. Scott Franklin of Florida, Mr. Miller of Ohio, Mr. Bean
of Florida, Mr. Owens, Mr. Bilirakis, Mr. Guest, and Mr. Nehls)
introduced the following bill; which was referred to the Committee on
Armed Services
_______________________________________________________________________
A BILL
To establish certain remedies for certain individuals involuntarily
separated from the Armed Forces solely on the basis of refusing to
receive vaccinations against COVID-19.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reinstate Our Troops Act''.
SEC. 2. CERTAIN REMEDIES FOR CERTAIN INDIVIDUALS INVOLUNTARILY
SEPARATED FROM THE ARMED FORCES SOLELY ON THE BASIS OF
REFUSING TO RECEIVE VACCINATIONS AGAINST COVID-19.
(a) Reinstatement.--
(1) Election.--At the election of a covered individual, the
Secretary concerned shall reinstate the covered individual as a
member of the Armed Force concerned, in the same rank and grade
the covered individual held at the time of separation from such
Armed Force.
(2) Deadlines.--A covered individual may make an election
under this subsection during the one-year period following the
date of the enactment of this Act. The Secretary concerned
shall reinstate a covered individual who makes such an election
not later than 30 days after such election.
(b) Bonuses for Reinstated or Reenlisted Individuals.--In the case
of a covered individual who makes an election under subsection (a):
(1) Enlisted members.--
(A) Inapplicability of repayment provision.--
Subsection (g) of section 331 of title 37, United
States Code, shall not apply to such an individual who
fails to complete a period of service as a member of an
Armed Force solely because such individual was a
covered individual.
(B) Return of repaid bonus.--Not later than 30 days
after an individual described in subparagraph (A) makes
an election under subsection (a), the Secretary
concerned shall return to such individual a bonus paid
under such section to such individual and repaid by
such individual pursuant to such subsection (g) and
section 373 of such title.
(2) Officers.--
(A) Inapplicability of repayment provision.--
Subsection (f) of section 332 of title 37, United
States Code, shall not apply to such an individual who
fails to complete a period of service as a member of an
Armed Force solely because such individual was a
covered individual.
(B) Return of repaid bonus.--Not later than 30 days
after an individual described in subparagraph (A) makes
an election under subsection (a), the Secretary
concerned shall return to such individual a bonus paid
under such section to such individual and repaid by
such individual pursuant to such subsection (f) and
section 373 of such title.
(c) Retroactive Characterizations of Discharge.--In the case of a
covered individual who does not make an election under subsection (a),
the Secretary concerned shall ensure that the discharge of such
individual is characterized as honorable.
(d) Expungement of Adverse Action.--The Secretary concerned shall
expunge from the military service record of a covered individual any
reference to adverse action against such individual solely on the basis
of the refusal of such individual to receive a vaccination against
COVID-19.
(e) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report on
progress in carrying out this section.
(f) Definitions.--In this section:
(1) The term ``covered individual'' means an individual
who--
(A) as a member of an Armed Force, requested an
exemption from an order to receive a vaccination
against COVID-19; and
(B) was involuntarily separated from an Armed Force
solely on the basis of the refusal of such individual
to receive such a vaccination.
(2) The term ``Secretary concerned'' has the meaning given
such term in section 101 of title 10, United States Code.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
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